By:  Wentworth                                        S.B. No. 1379
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to prosecutor assistance by the Office of the Attorney
    1-2  General of Texas; and making an appropriation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (d), Article 2.07, Texas Code of
    1-5  Criminal Procedure, is amended to read as follows:
    1-6        (d)  In Subsections (b) and (c) of this article, "attorney
    1-7  for the state" means a county attorney, a district attorney, <or> a
    1-8  criminal district attorney, or an Assistant Texas Attorney General.
    1-9        SECTION 2.  Chapter 402, Government Code, is amended by
   1-10  adding Section 402.028 to read as follows:
   1-11        Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.  (a)  At
   1-12  the request of a district attorney, criminal district attorney or
   1-13  county attorney, the attorney general may provide assistance in the
   1-14  prosecution of all manner of criminal cases, including
   1-15  participation by an assistant attorney general as an assistant
   1-16  prosecutor when so appointed by the district attorney, criminal
   1-17  district attorney or county attorney.
   1-18        (b)  A district attorney, criminal district attorney or
   1-19  county attorney may appoint and deputize an assistant attorney
   1-20  general as assistant prosecutor to provide assistance in the
   1-21  prosecution of criminal cases, including the performance of any
   1-22  duty imposed by law upon the district attorney, criminal district
   1-23  attorney or county attorney.
    2-1        (c)  Nothing in this section shall prohibit an assistant
    2-2  attorney general from appointment as attorney pro tem under
    2-3  provision of Article 2.07 of the Code of Criminal Procedure.
    2-4        SECTION 3.  Section 41.102, Government Code, is amended to
    2-5  read as follows:
    2-6        Sec. 41.102.  EMPLOYMENT OF ASSISTANTS AND PERSONNEL.  (a)  A
    2-7  prosecuting attorney may employ the assistant prosecuting
    2-8  attorneys, investigators, secretaries, and other office personnel
    2-9  that in his judgment are required for the proper and efficient
   2-10  operation and administration of the office.
   2-11        (b)  A prosecuting attorney may request the assistance of the
   2-12  attorney general in the prosecution of all manner of criminal cases
   2-13  or in performing any duty imposed by law upon the prosecuting
   2-14  attorney.  In requesting such assistance, a prosecuting attorney
   2-15  may appoint any assistant attorney general as an assistant
   2-16  prosecuting attorney.
   2-17        SECTION 4.  Article 6252-9a of the Texas Revised Civil
   2-18  Statutes is amended by the addition of Section 4 to read as
   2-19  follows:
   2-20        Sec. 4.  ASSISTANCE BY ATTORNEY GENERAL.  Nothing in this
   2-21  article shall prevent the attorney general from providing
   2-22  assistance to district attorneys, criminal district attorneys and
   2-23  county attorneys upon request by allowing assistant attorneys
   2-24  general to serve as duly appointed and deputized assistant
   2-25  prosecutors, nor shall this article prohibit the appointment of an
    3-1  assistant attorney general from serving as an attorney pro tem
    3-2  pursuant to Article 2.07, Code of Criminal Procedure.
    3-3        SECTION 5.  Moneys credited to the attorney general account
    3-4  and the attorney general law enforcement account are hereby
    3-5  appropriated.  Unexpended balances credited to the accounts at the
    3-6  end of a biennium are carried over to the next successive biennium.
    3-7        SECTION 6.  EFFECTIVE DATE.  This Act takes effect
    3-8  September 1, 1995.
    3-9        SECTION 7.  EMERGENCY.  The importance of this legislation
   3-10  and the crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.